7.  On 26 January 1993 the applicant was arrested by police officers from the Ankara Police Headquarters on suspicion of being a member of an illegal organisation, the THKP-C (Turkish People’s Revolutionary Frontier Organisation).
8.  The applicant was placed in custody at the Ankara Security Directorate. His wife was also taken into police custody on the same date.
9.  According to the applicant, the police officers, who are known as the C-2 squad of the Anti-Terror branch, beat and hit him on the head with a nailed stick, squeezed his testicles, kept him in a cold room and did not allow him to go to the toilet. The police officers sexually harassed the applicant’s wife and attempted to rape her in his presence.
10.  On 27 January 1993 the applicant was seen by a doctor at the Ankara Forensic Medicine Institute who noted in his report the presence of scars of a brain operation on the forehead, an abrasion of 3 cm long on the right temporal part of the head, a laceration of 1 cm long over the right ear, a haematoma of 2 cm below the right eye, an ecchymosis of 1 cm and conjunctival hyperaemia on the right eyelid. It was suggested that a brain surgeon examine the applicant. The forensic doctor decided to draft his final report in the light of the findings of the brain examination.
11.  On the same date the applicant was transferred to the Numune Hospital following a letter of the Anti-Terror Branch Director addressed to the hospital.
12.  When the applicant was brought to the Numune Hospital, a doctor decided to transfer the applicant to another hospital because she was unable to carry out a brain tomogram. The applicant was brought to the İbni Sina Hospital where he was examined by a brain surgeon. The findings of the brain examination were transmitted to the forensic doctor who drafted his final report. As no pathological findings were indicated by the surgeon, it was concluded that the applicant’s injuries were not life threatening but would prevent him working for four days.
13.  A forensic doctor carried out a further medical examination on the applicant on 30 January 1993. It was concluded, with reference to the findings of the brain examination, that the applicant was in need of serious medical treatment.
14.  On 8 February 1993 the Ankara State Security Court ordered the applicant’s detention on remand.
15.  On 20 July 1993 the applicant filed a petition with the Ankara State Security Court in which he alleged that he was severely tortured while in custody by the C-2 squad of the Anti-Terror Branch. He was hit on the head with a nailed stick and that his wife was subjected to sexual harassment in his presence. He was examined by doctors at the Numune and İbni Sina Hospitals and at the Forensic Medicine Institute. The applicant alleged that he identified the C-2 squad members who were present at the hearing before the State Security Court on 11 June 1993.
16.  On 16 August 1993 the applicant gave a statement to the Ankara Public Prosecutor. He stated that his shirt had been smeared with blood as a result of torture while in custody. He had showed to the public prosecutor and to the judge when he appeared before them on 8 February 1993 his shirt and his wife’s trousers that had been torn by the police officers when they attempted to rape her.
17.  On 7 September 1993 the applicant filed a petition with the office of the Ankara Public Prosecutor. He reiterated his allegations and gave a detailed description of the police officers that tortured him in custody.
18.  On 30 December 1994 the Ankara public prosecutor decided that no prosecution should be brought against the police officers (takipsizlik kararı). The prosecutor stated that the medical reports consisted of nothing but the applicant’s subjective complaints, which might relate to his former brain operation. The prosecutor concluded that there existed no evidence to substantiate that the police officers tortured the applicant.
19.  The applicant filed an objection with the Kırıkkale Assize Court which set aside the public prosecutor’s decision of 30 December 1994.
20.  On 28 February 1995 the Ankara Public Prosecutor filed a bill of indictment with the Ankara Assize Court. The prosecutor charged ten police officers under Article 243 of the Turkish Criminal Code with torturing the applicant.
21.  On 13 March 1997 the Ankara Assize Court acquitted the police officers. In its decision the court referred to the statements of the accused police officers in which they stated that the applicant had been injured because he resisted the police when he was arrested. In the medical reports it was clearly indicated that the applicant had been sustaining injuries. The medical report drafted by a doctor at the Forensic Medicine Institute was issued on 27 January 1993, which was one day after the applicant had been arrested on 26 January 1993, at 17.30 hours. Having regard to the fact that the applicant had resisted when he was arrested, the findings of the medical reports were reflecting the injuries occurred at the time of arrest. Furthermore, the witnesses heard by the court stated that they had not seen applicant being tortured because they had been interrogated separately. The court concluded that there existed no evidence to substantiate that the applicant had been tortured by the accused police officers.
22.  On 21 March 1997 the Ankara Assize Court’s decision became final, as the public prosecutor did not lodge an appeal. The court’s decision was not served on the applicant.